Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

On January 12, 2019, around 21:30, the Defendant: (a) reported the victim D (Gam, 46 years of age) who had danced in the Switzerland within the “Catt” located in Seosan City B; and (b) followed the victim by his left hand, committed an indecent act by force against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. CCTV 영상 CD (피고인은 추행의 고의가 없었다고 주장하나, CCTV 영상에 의하면 피고인이 피해자를 지나칠 때 의도적으로 왼손으로 피해자의 엉덩이를 만진 것으로 보이고, 피해자도 피고인이 엉덩이를 툭 친 것이 아니라 엉덩이와 엉덩이 사이를 만졌다는 취지로 진술한 점을 고려하면, 피고인에게 강제추행의 고의가 있었다고 보인다.) 법령의 적용

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a judgment of conviction against a defendant who shall file for the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent police agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an disclosure order or notification order, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.